Public International Law Notes

CJEU CONFIRMS THAT CETA DISPUTE RESOLUTION PROVISION IS COMPATIBLE WITH EU LAW

Advocate General finds that CETA's "Investment Court System" is compatible with EU law

The new draft Dutch BIT: what does it mean for investor mailbox companies?

The Netherlands has released a new draft investment treaty for public comment ("Draft BIT").  If adopted, the Draft BIT may raise questions about …

ICSID tribunal rules that it is neither necessary nor urgent to grant security for costs from a claimant with the benefit of third-party funding

An ICSID tribunal has rejected a State's application for security for costs in circumstances in which the other party had third-party funding in the form …

Herbert Smith Freehills' Response to EU Consultation: the Future of Investor-State Dispute Settlement

As discussed in our blog post here, on 21 December 2016 the EU Commission launched a public consultation on the multilateral reform of the …

Brexit—the future of state-to-state, investor-state and domestic dispute resolution

The Brexit White Paper The much-anticipated Brexit White Paper, ‘The United Kingdom’s exit from and new partnership with the European Union’, was …

EU trade agreement enters into effect with five southern African countries

On 10 June 2016 the EU signed an Economic Partnership Agreement (EPA) with the Southern Africa Development Community EPA Group comprising Botswana, …

The future of ISDS in the TTIP: European Parliament recommends a "new system" of judicial decision-making

As reported in our previous blog posts (please click here and here), the proposed inclusion of investor-state-dispute settlement (ISDS) provisions in the …

The changing landscape of Investment Treaty arbitration – Herbert Smith Freehills comments on recent developments and the future of investment arbitration

As the US Senate is poised to pass legislation granting President Obama the trade promotion authority which will facilitate the passing of the …

China-Australia Free Trade Agreement signed

Australian Trade Minister Andrew Robb and Chinese Commerce Minister Gao Hucheng today signed the China-Australia Free Trade Agreement (ChAFTA) in …

EU Commission issues "Concept Paper" on ISDS in the TTIP and beyond: proposals for "profound reform"

Further to its report on the outcome of the consultation on investment protection and investor-state dispute settlement in the TTIP, the EU Commission …

Indian Government seeks comments on a proposed draft Model Text for the Indian Bilateral Investment Treaty

The Government of India ("GOI") has recently published a draft "Model Text for the Indian Bilateral Investment Treaty" ("Model BIT"), which is understood …